LA ESPECIALIDAD DE LOS DERECHOS REALES COMO REQUISITO CIVIL Y REGISTRAL Y SU EXTENSIÓN A TODAS LAS SITUACIONES JURÍDICAS INSCRIBIBLES.

Abstract

Real rights must be thoroughly defined in order to be eligible for registration, as required by the principle of speciality in registration. Nevertheless, this paper defends the thesis that speciality is also a requisite or trait proper of real rights; i.e., it is an essential trait of real rights. In addition, the paper examines how the speciality necessary for registration must be demanded not only in the thorough definition of real rights, but also in the thorough definition of all registrable legal situations. This leads us to regard the speciality characteristic of real rights (civil speciality) as being different from mortgage speciality (principle of speciality in registration), because it affects different elements.